Terms of Service

Last updated: 2024-12-07

Please read these Terms of Service (“Terms”) carefully before using the https://thenerdycloudguy.com or any associated website (the “Service”) operated by The Nerdy Cloud Guy (“us,” “we,” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

Accounts

When creating an account with us, you must always provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. Furthermore, you must notify us immediately upon becoming aware of any security breach or unauthorized use of your account.

Availability

The Nerdy Cloud Guy aims to provide the following availabilities to the Services, which are calculated monthly:

  • 99%:
    • Cloud Dashboard Front End
  • 99.95%:
    • Monitoring Services are provided by the Cloud Dashboard Back End.
  • 99.9%:
    • WordPress site hosted by Hostinger.
  • Best Effort:
    • Accounts Dashboard
    • Help Dashboard
    • And any service not explicitly mentioned.

“Availability” is calculated for each 5-minute interval as the percentage of requests processed by The Nerdy Cloud Guy that do not fail with errors. If no requests are made in a 5-minute interval, that interval is considered 100% available. An “Error” is any Request that returns a 500 or 503 error code, except that custom 500 or 503 status codes emitted by your function’s code are not counted as Errors.

Limitation of liability

Any liability of The Nerdy Cloud Guy shall in no event exceed the fees paid by the client during the last year.

The Nerdy Cloud Guy is not responsible for any direct, indirect, special incidental, or consequential damages of any kind. This includes, without limitation, lost data, lost profits, opportunities or contributions, loss of use, goodwill, and business interruption related to the The Nerdy Cloud Guy service, even if The Nerdy Cloud Guy has been advised of the possibility of such damages.

Privacy

The Nerdy Cloud Guy publishes a privacy policy with detailed information about the use of Personally Identifiable Information.

The Nerdy Cloud Guy can publish your company as a The Nerdy Cloud Guy customer until you opt out of this by contacting our support department directly via email.

Termination

We may terminate or suspend access to any free/beta/trail Service, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

We may terminate or suspend your account immediately, without prior notice or liability, in case of:

  • Any form of illegal content
  • Complaints of a network provider
  • Your account does damage to our service

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision has significance then we will try to provide at least 30 days’ notice before any new terms take effect.

What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.